The Philippines has no stand-alone greenwashing cause of action, so misleading ESG claims are pursued under existing statutes, circulars and the Civil Code.
Philippine law does not establish a statutory cause of action specifically designated as greenwashing, according to Jose A Linsangan of Sarmiento Loriega Law Office writing for Law.asia. Misleading environmental claims may instead attract liability under existing consumer protection, securities and contractual rules.
Section 8(c) of Republic Act No.11765, the Financial Products and Services Consumer Protection Act, requires sufficient disclosure before contracting and makes providers legally responsible for statements in marketing and sales materials. Section 26 of Republic Act No.8799, the Securities Regulation Code, prohibits specified fraudulent conduct, while sections 56 to 58 provide civil remedies for misstatements, omissions and fraudulent transactions.
Bangko Sentral ng Pilipinas Circular No.1149 prohibits greenwashing by banks issuing sustainable bonds, and its definition includes misleading environmental information disseminated intentionally or unintentionally. SEC Memorandum Circular No.11 of 2022 regulates fund names, ESG strategies, disclosures and marketing for sustainable and responsible investment funds.
On contracts, Emil L Samaniego of the same firm writes that article 1159 of the Civil Code requires performance in good faith and article 1170 supports damages for contravening contractual obligations, subject to requirements governing the claim and loss. A misleading ESG statement inducing consent may support annulment, particularly under articles 1330, 1338 and 1344 where serious fraud is established.
Separately, Conventus Law reports that SyCipLaw contributed the Philippine chapter to the fourth edition of ESG in APAC, a Slaughter and May publication produced in collaboration with law firms across the Asia Pacific region. The chapter examines SEC Memorandum Circular No. 16, series of 2025, which introduces PFRS S1 and PFRS S2-based reporting requirements, phased in from financial year 2026 beginning with certain listed companies.
